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Sheriff-Elect Nick Mackey Guilty Of Contempt Of Court, Fined

Posted: 8:17 am EST January 28, 2008Updated: 4:34 pm EST January 30, 2008

Mecklenburg County’s sheriff-elect was found guilty of contempt of court Monday afternoon.

Attorney Nick Mackey was ordered to pay a $100 fine. He could have been sentenced to jail time in the facility he may soon run.

A judge charged Mackey with contempt of court last month after he failed to show up twice to represent a client and was late when told to appear before the judge.

Monday the man who the Democratic Party voted to be the next sheriff of Mecklenburg County went to appeal the contempt of court ruling. He showed up on time but never said a word in his own defense.

Mackey has been embroiled in controversy ever since he entered the race to become sheriff. Since his election in early December, a grievance regarding the election process has been filed against the Democratic Party and a number of people in the precincts that voted for Mackey allege they were included without their knowledge. The board of county commissioners refuses to approve his election until the state Democratic Party’s Council of Review hears the grievance on Feb. 2 and makes a determination on whether the election was valid.

But Monday’s hearing had nothing to do with the sheriff controversy. A judge and a prosecutor were brought in to hear the contempt charges against Mackey, and assistant district attorneys, a deputy and the judge who cited Mackey for contempt were witnesses.

Last October, Mackey was assigned to represent Latterrick Rorie on a drug charge. But at a hearing scheduled for Nov. 11, Mackey left court unaware his client was waiting in a courthouse holding cell. When the court date was continued to Dec. 13, Mackey didn’t show up. When Judge Tom Moore ordered Mackey to appear the next day at 9 a.m. to explain why, Mackey was an hour late.

Moore testified that Mackey never offered any real explanation for being late and paraphrased Mackey as saying, “It slipped by. I just didn’t get here.”

Moore said, “If you have no excuse, I find that action subject to contempt.”

Mackey’s attorney, Thomas Porter, argued Mackey wasn’t properly notified of any appearances on behalf of Rorie, but in the end the presiding judge found Mackey in contempt and levied the fine, saying “The problem is, you shouldn’t be late.”

Afterward, Mackey refused to answer any questions for Eyewitness News. Porter said only, “We’re not going to have any comment.”

Moments later, Mackey filed an appeal. The case will be moved up to Superior Court and be heard before another judge.

Sharpton May Or May Not Be At Rally

Representatives for political activist the Rev. Al Sharpton will not confirm whether Sharpton will be in Charlotte for a rally supporting Mackey this Thursday.

It's scheduled to take place at the Greater Mount Sinai Baptist Church on West Boulevard at 7 p.m.

Local Mackey supporters have asked Sharpton to come, but those plans are not certain.

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